POLSCI 319 Lecture Notes - Lecture 16: Unlawful Combatant, Enemy Combatant, Viet Cong
Document Summary
Brought into the office that gives the president legal advice. Advises on detention without the possibility to challenge. Similar to japanese internment the issue is about due process. Rasul was a british citizen detained from pakistan. Us citizens were put into fighter" categories (japanese) Guerilla fighting not fighting in the traditional laws of war (unlawful combatant) Civilians turn on its own government german americans, Domestic security is able to be bounded. Mccarthy communists were everywhere, red scare. No distinction between the domestic land and where the war is being fought. Many of the guantanamo arguments say that the war on terror is a totally new phenomenon and so none of the old laws can apply. Battle within the bush administration over guantanamo policy. George w bush, dick cheney (addington + yoo), rumsfeld, jay bybee. The president can detain anyone he wants in guantanamo. Theory that says that people held at guantanamo have no rights.